Gujarat High Court
M/S. J.J. Silver, A Sole Proprietary ... vs Manishkumar Uttamlala Shah on 24 June, 2025
NEUTRAL CITATION
C/SCA/9621/2023 ORDER DATED: 24/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9621 of 2023
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M/S. J.J. SILVER, A SOLE PROPRIETARY CONCERN OF PARESHBHAI
DHIRAJLAL CHANDE
Versus
MANISHKUMAR UTTAMLALA SHAH
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Appearance:
MR KUNJAL D PANDYA(2259) for the Petitioner(s) No. 1
MR UMANG K CHOKSI(2587) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 24/06/2025
ORAL ORDER
1. Rule returnable forthwith. Learned advocate Mr.Umang K. Choksi waives service of Rule on behalf of respondent.
2. Heard learned advocate Mr. Kunjal D. Pandya for the petitioner and learned advocate Mr.Umang K. Choksi for the respondent.
3. The present writ application is filed under Article 227 of the Constitution of India seeking following relief:-
"a) Hon'ble court be pleased to admit and allow this petition.
b) Hon'ble court be pleased to quash and set aside the order dated:28.4.2023 passed below Summons for Judgment Exh-10 and 11 and application for leave to defend Ex-13 in Summary Suit No:809 of 2021 passed by City Civil Court, Ahmedabad at Annexure-A.
c) Pending hearing and final disposal of the present petition, this Page 1 of 4 Uploaded by MOHD MONIS(HC01900) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:50:50 IST 2025 NEUTRAL CITATION C/SCA/9621/2023 ORDER DATED: 24/06/2025 undefined Hon'ble court be pleased to stay execution, operation and implementation of order dated:28.4.2023 passed below Summons for Judgment Exh-10 and 11 and application for leave to defend Ex-13 in Summary Suit No:809 of 2021 passed by City Civil Court, Ahmedabad at Annexure-A.
d) Such other and further relief be granted."
4. At the outset, it is required to be noticed that as per the order dated 13th June, 2023 passed by this Court, the petitioner has deposited a sum of Rs.15,00,000/- with the Trial court without prejudice to his rights and contentions, and on such deposit, stay in terms of para 9(c) of the present writ application was granted.
5. It is reported to this Court that aforesaid condition has been fulfilled by petitioner, who happens to be defendants of the Summary Suit No.809 of 2021 pending before City Civil Court, Ahmedabad.
6. Learned advocates appearing for the respective parties are at consensus ad idem on the issue that such amount, which is deposited by defendants may be treated as a condition to defend the suit and accordingly, this matter may be disposed of with a direction to the Trial Court to invest such amount in cumulative FDR till disposal of the suit and the suit may be Page 2 of 4 Uploaded by MOHD MONIS(HC01900) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:50:50 IST 2025 NEUTRAL CITATION C/SCA/9621/2023 ORDER DATED: 24/06/2025 undefined tried in accordance with law.
7. Having gone through the impugned order, the order passed by this Court as well as there is consensus ad idem, so I pass following order:-
7.1. The impugned order dated 28th April, 2023 passed by Chamber Judge, City Civil Court No.24, Ahmedabad below Exh.10 and 11 and application for leave to defend below Exh.13 in Summary Suit no.809 of 2021 is hereby modified to the extent that deposit of Rs.15,00,000/- by defendant would be treated as a condition to defend the summary suit in question.
7.2. The Trial Court is hereby directed to invest Rs.15,00,000/- in FDR deposited by defendants, if so far not invested. Such FDR initially be made for the period of 3 years, which may be renewed from time to time till final disposal of the suit in question.
7.3. FDR be in the name of Nazir of the Court in Cumulative FDR in any nationalized bank and such FDR will be kept with Nazir till disposal of the suit or any order passed Page 3 of 4 Uploaded by MOHD MONIS(HC01900) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:50:50 IST 2025 NEUTRAL CITATION C/SCA/9621/2023 ORDER DATED: 24/06/2025 undefined by Trial Court as the case may be.
7.4. The Defendants is permitted to file its written statement in accordance with law.
7.5. Once, hearing will be over, after framing of issues, if parties to the proceeding requests to the Trial Court for expeditious adjudication of suit in question, the Trial court is hereby requested to consider such request and expedite the suit proceeding.
7.6. If parties to the suit extend their cooperation and support for expeditious trial of suit, the Trial Court may accordingly decide the suit as expeditiously as possible.
8. With the aforesaid observation and direction, the present writ application is partly allowed. Rule is made absolute to the aforesaid extent. No order as to costs.
(MAULIK J.SHELAT,J) MOHD MONIS Page 4 of 4 Uploaded by MOHD MONIS(HC01900) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:50:50 IST 2025